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HomeMy WebLinkAbout01/25/17 CC MINUTESA72 A F BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 25, 2017 reo Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 12:30 p.m. Regular Meeting- 5:15 p.m. SPECIAL MEETING - 12:30 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan (seated at 12:55 p.m.), Parller Absent: None 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding City of Bakersfield v. Bakersfield City School District, et ai., Kern County Superior Court Case No. BCV- 16- 102914, KCT. C. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding California Water Service Company and City of Bakersfield vs. The Dow Chemical Company, et al., San Mateo County Superior Court Case No. CIV470999 (associated with 4th District Court of Appeal Case No. E052246 and San Bernardino County Superior Court Case No, JCCP4435 /SC VSS 120627). 2 7 7 Bakersfield, California, January 25, 2017 - Page 2 3. CLOSED SESSION continued ACTION TAKEN d. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following: l . Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No, F074693, 2. Concerned Citizens About Centennial Corridor v. Caltrons of al., Kern County Superior Court Case No, BCV -16- 100041, KCT, 3. City of Bakersfield v. All Persons Interested in the Matter, etc., 5m District Court of Appeal No. F071869. e. Conference with Legal Counsel — Existing Litigation: Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Kiale, of al. v. City of Bakersfield Kern County Superior Court Case No, S- 1500 -CV- 283432, SPC. f. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). g. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956,9(d)(1) regarding Cox/Taylorv. City of Bakersfield, et al., Kern County Superior Court Case No, S- 1500-CV- 283938, SPC. (consolidated) Motion by Vice -Mayor Smith to adjoum to Closed APPROVED Session at 12:37 p.m. AB SULLIVAN Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 4:40 p.m. Meeting reconvened at 4:45 p.m. Bakersfield, California, January 25, 2017 — Page 3 2 7 l 4 4. CLOSED SESSION ACTION ACTION TAKEN [ a. Conference with Legal Counsel — Potential fir Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding City of Bakersfield v. Bakersfield City School District, et al., Kern County Superior Court Case No. BCV -16- 102914, KCT, C. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding California Water Service Company and City of Bakersfield vs. The Dow Chemical Company, et al., San Mateo County Superior Court Case No. CIV470999 (associated with 4th District Court of Appeal Case No. E052246 and San Bernardino County Superior Court Case No, JCCP4435 /SC VSS 120627). STAFF CONTINUED TO FUTURE MEETING STAFF WAS GIVEN DIRECTION AND RATIFIED THE CEAA NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION d. Conference with Legal Counsel — Existing Litigation; Closed Sesslon pursuant to Government Code section 54956.9(d)(1) for the following: 1. Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F074693, 2. Concerned Citizens About Centennial Corridor v. Caltrons, eta/,. Kern County Superior Court Case No. BCV -16- 100041, KCT. 3. City of Bakersfield v. All Persons Interested in the Matter, etc., 5m District Court of Appeal No. '071869. e. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding klole, et al. v. City of Bakersfield. Kern County Superior Court Case No. S- 1500 -CV- L283432, SPC. STAFF CONTINUED TO FUTURE MEETING STAFF WAS GIVEN DIRECTION AND RATIFIED THE CEAA NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION 2 7 7 5 Bakersfield, California, January 25, 2017 - Page 4 4. CLOSED SESSION ACTION continued ACTION TAKEN f. Conference with Legal Counsel — Potential 111 NO REPORTABLE Litigation; Closed Session pursuant to ACTION ON FIRST Government Code section 54956.9(d)(2),(e)(1) MATTER; STAFF (two matters). WAS GIVEN DIRECTION ON SECOND MATTER g. Conference with Legal Counsel — Existing NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code section 54956.9(d)(1) 3. PLEDGE Of ALLEGIANCE by Tanner Dye, 2nd grade regarding Cox/Toylor v. City of Bakersfield, et student at Douglas J. Miller Elementary School. al., Kern County Superior Court Case No. S- 4. PRESENTATIONS 1500-CV- 283938, SPC. (consolidated) None. 5. ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 4:46 p.m. REGULAR MEETING -5:15 p.m. i rrriii 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 5:23 p.m.), Gonzales, Weir, Sullivan, Parller Absent: None Mayor Goh called for a moment of silence In honor Councilmember Tkac who recently passed away. 2. INVOCATION by Pastor Joseph Rountree, Upper Room Ministries, Canyon Hills Assembly of God. 3. PLEDGE Of ALLEGIANCE by Tanner Dye, 2nd grade student at Douglas J. Miller Elementary School. 4. PRESENTATIONS None. Bakersfield, California, January 25, 2017 — Page 5 2 7 7 6 5. PUBLIC STATEMENTS ACTION TAKEN a. The following individuals spoke regarding concerns with the Police Department and requested Council consideration for the purchase of body cameras for all officers and the formation of a citizen's police oversight committee: Patrick Jackson, President of the NAACP Bakersfield branch; Timothy Grismore; Xavier Hines; Charles Everly; and Pastor Oscar Anthony. b. Lorrie Gulltnan and Terry Maxwell spoke regarding the treatment Ms. Guiltnan has received during the acquisition of her home for the 24m Street Widening Project. C. Audrey Chavez spoke regarding Jai Bornstein, and encouraged people to be more loving and accepting when encountering people with AIDS, LGBQT individuals, and the transgender population. 6. WORKSHOPS None. ■il 7. APPOINTMENTS a. One appointment to the Planning Commission (Ward 6) to complete a term to explre April 30, 2020, City Clerk McCarthy announced applications were received from the following Individuals: Houston Ursery; Timothy Bergeron; Scott Hanson; Michael Caves; Robert Bell; and Adam Cohen. Motion by Councilmember Sullivan t0 appoint APPROVED Robert Bell to a four -year term on the Planning Commission, term expiring April 30, 2020. b. Appointments of a Regular Committee Member and an Alternate Committee Member to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of John Enriquez and Susan B. Stussy. City Clerk McCarthy announced applications were recelved from Heather Pennella, John Enriquez, and Patricia Marquez. 2777 7. Bakersfield, California, January 25, 2017 - Page 6 APPOINTMENTS Continued ACTION TAKEN ITEM 7 b. CONTINUED Mayor Goh nominated John Enriquez as the Regular Committee Member, and Heather Pennella as the Alternate Committee Member. Motion by Vice -Mayor Smith to accept the APPROVED Mayor's appointments to the Keep Bakersfield Beautiful Committee. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 3, 2017, Special Meeting, and January 4, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from December 17, 2016 to January 12, 2017 in the amount of $24,549,264.55, Self- Insurance Payments. from December 17, 2016 to January 12, 2017 in the amount of $481,487.03, totaling $25,030,751.58. Ordinances: C. First reading of an ordinance amending FR Bakersfield Municipal Code Sections 1. 12,040 and 1. 12.070 by adding Annexation No. 651 consisting of 31.78 acres located along the south side of Seventh Standard Road, generally east of Allen Road to Ward 4 and Annexation No. 662 consisting of 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane to Ward 7. d. Rescission of Ordinance No. 4881; adoption of ORD 4886 ordinance amending the Official Zoning Map in RES 005 -17 Title 17 of the Bakersfield Municipal Code by changing the zone district from an R -1 (One - Family Dwelling) zone to R -2 (Limited Multi- Family Dwelling) zone, or a more restrictive district on 14.61 acres located at the northeast corner of East Panama Lane and Sparks Street in Southeast Bakersfield. A resolution adopting a Negative Declaration will also be considered. (LC # 16 -0197 - Applicant: East Panama LLC) (Ward 1) (FR 11/16/16) Bakersfield, California, January 25, 2017 - Page 7 B. CONSENT CALENDAR continued ACTION TAKEN I Resolutions: e. Resolution confirming approval by the City RES 006-17 Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties In the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. f. Resolution approving an application to the Kern RES 007-17 County Local Agency Formation Commission to annex uninhabited territory Into the City identified as Annexation No. 674 located along I he south side of Rosedale Highway, approximately 500 feet west of Patton Way. g. Resolution authorizing the Public Works Director REMOVED BY to submit letters of support for transportation STAFF funding - Assembly Bill 1 (Frazler) and Senate BIII 1 (Beall). h. Resolution authorizing the Director of RES 009.17 Recreation and Parks to apply and enter into an agreement with the State of California for the California Urban Rivers Grant Program (Proposition 1). i. Sewer connection fee assessment for 12,500 Branch Court: 1. Resolution confirming assessment for RES 010 -17 sewer connection and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Saifon Sirinavarat to pay AGR 17.011 the sewer connection fee through the Kern County Tax Collector. I 2 7 7 9 Bakersfield, California, January 25, 2017 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN j. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 4 -160 (311 E. 10th Street) - Ward 1 RES 011 -17 2. Area 4 -161 (1119 & 1121 E. 21 st Street) - RES 012 -17 Ward 2 k. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: I . ROI No. 1910 to add Area 2 -65 (SEC of ROI 1910 Ming Avenue & Wible Road) - Ward 7 2. ROI No. 1911 to add Area 4 -162 (1011 R01 1911 Monterey Street)- Ward 2 3. ROI No. 1912 to add Area 4 -163 (1319 1 st ROf 1912 Street) -Ward 1 Agreements: J I. Agreements with Kern Delta Water District and AGR 17.012 County of Kern ($56,310 annually; adjusted for AGR 17 -013 CPI) for disposal of urban storm drainage AGR 17.010 waters into the Eastside Canal, Kern Island Canal, and Stine Canal. M. Final Map, Improvement Agreement, and AGR 17 -015 Landscape Improvement Agreement with AGR 17 -016 Woodside 06N, LP for Tract 7240 Phase 3, located south of Stockdole Highway and west of Renfro Road. n. Agreement with Baron & Budd, PC, to provide AGR 17 -017 outside legal services in the matter of California Water Service Company and City of Bakersfield vs. The Dow Chemical Company, of al, San Mateo County Superior Court Case No. CIV470999 (assoclated with 4th District Court of Appeal Case No. E052246 and San Bernardino County Superior Court Case No. JCCP4435 /SCVSS120627) ( °TCP case "), and termination of Agreement No. CA08 -005. 8. A Bakersfield, California, January 25, 2017 - Page 9 2 7 8 0 CONSENT CALENDAR continued ACTION TAKEN 0. Outside Legal Services 1. Amendment No. 1 to Agreement No. 16- AGR 16- 207(1) 207 with Nossaman LLP ($100,000) to provide outside legal services in the matter of Citizens Against the 24m Street Widening Project v. City of Bakersfield. 2. Appropriate $100,000 Utility Surcharge Fund Balance within the Utility Surcharge Fund. p. Contract Change Order No. 4 to Agreement AGR 16-078 No. 16 -078 with Griffith Company, ($23,474.23; CCO 4 revised not to exceed $1,537,914.29) for the construction of the Street Improvements: Mohawk Street from Siena Lane to Hagemon Road Project. q. Contract Change Order Nos. 32 and 43 to AGR 15 -094 CCO 32, CCO 43 Agreement No. 15-094 with Granite Construction Company ($43,582.50; revised not to exceed $22,869,599.57; change order funded with Federal Earmark Funds (88.53 %) and Capital Outlay Utility /Roads Fund {11,47 %)) for the State Route 178 Widening Construction Project (TRIP). r. Rosedale Highway Widening Project (TRIP): 1. Contract Change Order Nos, 95, 96 and AGR 15 -009 97 to Agreement No. 15 -009 with Teichert CCO 95, CCO 96, Construction ($83,608.00; revised not to CCO 97 exceed $18,979,929.11; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $85,000 savings from the PG &E Tower Relocation on Westside Parkway Project to the Rosedale Widening project to fund change orders. 2781 a Bakersfield, California, January 25, 2017 -Page 10 CONSENT CALENDAR continued ACTION TAKEN Property Acquisition Agreements - TRIP: Accept bid and approve contract with CVE Contracting Group, Inc. ($357,000) for Demolition of Improvements at 101 Dunlap Street, 108 Dunlap Street, 4800 Easton Drive, 4414 Kensington Avenue, 4408 Marella Way, 708 Montclair Street, 201 S. Garnsey Avenue, 16 Stine Road and 20 Stine Road; Phase 16 for the Centennial Corridor Project. (TRIP) Bids: t. Accept bid from Jacobsen, a Divlslon of Textron, Corona, California ($48,607.85) for a replacement self - propelled vacuum turf sweeper for use by the Recreation and Parks Department. U. Accept Bid and approve contract to Clean Cut Landscape Mgmt., Clovis, California ($61,680) for plant establishment maintenance at SR -178 & Morning Drive Interchange. V. Accept bids from McCain, Inc. ($91,703.04), Econolite ($19,108.73), DDL Traffic, Inc. ($9,357.56) and JTB Supply Co. Inc., ($521.24) for traffic signal equipment. Total bid amount Is $120,690.57. W. Accept bid and approve contract with S & H Clvllworks ($460,225) for Street Improvements, North of Brundage Lane and West of Union Avenue, Phases 6 & 7, K Furnish & Install Parking Garage Signage Accept bid and approve contract to Frank & Son, Inc., dba Express Sign & Neon, Los Angeles, California ($68,200) for parking garage signage. 2. Appropriate $32,750 Off-street Parking Fund balance to the Public Works Department Capital Outlay budget within the Off - street Parking Fund, AGR 17 -018 AGR 17 -019 AGR 17 -020 AGR 17.021 J PJ F Bakersfield, California, January 25, 2017 — Page 11 2 7 8 2 8. CONSENT CALENDAR continued ACTION TAKEN y. Pavement Rehabilitation 2015 -2016 RSTP Project - Gosford Road from Pacheco Road to White Lane: Accept bid and approve contract with AGR 17.022 Bowman Asphalt Inc ($1,199,973.00) for said project. 2. Appropriate $1,287,328 federal Regional Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund for said project. 3. Appropriate and transfer $167,000 Transient Occupancy Tax balance to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund to fund the local match requirement of said project. Miscellaneous: Appropriate $150,000 Other Agency Share of Project Costs and $25,000 Contribution from the Laaerini Foundation to the Public Works Department's operating budget within the Refuse Enterprise Fund to provide funding for the FY 16/17 Litter Program for freeways and the Kern River Bike path respectively. aa. 24th Street Widening Project Wall Design Approval. ob. Concerts at the Bright House Networks Amphitheatre. Successor Agency Business: City Clerk McCarthy announced a staff memorandum was received requesting item 8.g. be removed from the agenda. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ab., with the removal of item 8.g. 2 7 8 3 Bakersfield, California, January 25, 2017 - Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider a Resolution ordering RES013 -17 the vacation of the 20 foot wide alley within Block "Y' of the "Baker Homestead Addition." tract (bounded by 20th and 21 n Streets, and "M' and "O" Streets). b. Public Hearing to consider a Resolution ordering RES 014 -17 the summary vacation of a Right -of -Way dedication within Parcel 1 of Parcel Merger 15- 0381 (2905 Calloway Drive). C. Public Hearing to consider a Resolution ordering RES 015 -17 the summary vacation of a portion of a 25 to 30 foot wide waterline easement within Parcel 1 of Parcel Map 12112 (310 Coffee Road). d. Public Hearing to consider General Plan RES016 -17 Amendment /Zone Change No. 16 -0128. Porter RES017 -17 & Associates, representing Floyd G. & Loretta M. Hinesley, the property owner, is proposing a general plan amendment, changing the land use designation from LR (Low Density Residential) to GC (General Commercial) and • J HR (High Density Residential) on 11.71 acres, subject to conditions of approval, and a zone change from A (Agriculture) to C -2 (Regional Commercial) and R -3 (High Density Residential) on 13.5 acres located at the southwest corner of Hosking Avenue and South Union Avenue. A proposed Negative Declaration will also be considered. J 0 11 Bakersfield, California, January 25, 2017— Page 13 2 7 8 4 " 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN e. Public Hearing to consider General Plan REMOVED FOR Amendment /Zone Change 16 -0264. McIntosh & SEPARATE Associates, representing Kern Land Partners, ERA710N- SEE CONSIDERATION- PA LLC, the property owner, is proposing a SEE PAGE 14 general plan amendment, changing the land use designation from GC (General Commercial) to LMR (Low Medium Density Residential) on 4.81 acres, subject to conditions of approval, and a zone change from C -1 (Neighborhood Commercial) and R -1 (One Family Dwelling) to P.U.D. (Planned Unit Development) zone district on 17.78 acres, located at the northeast corner of Old Farm Road and Noriega Road, for a 176 -unit condominium complex a 2,500 square foot recreation building, outdoor swimming pool, multi -use sport court and tot lot, subject to conditions of approval. A proposed Negative Declaration with mitigation measures will also be considered. City Clerk McCarthy announced Item 9.e, will be removed from the Consent agenda and will be heard as Hearing Item 10.a.; and a staff memorandum was received correcting the Ward information to Ward 4, for item 9.b., and Ward 2, for item 9.c. Consent Calendar Public Hearing items 9.a. through 9.d. opened at 5:50 p.m. No one spoke. Consent Calendar Public Hearing items 9.a. through 9.d, closed at 5:51 p.m. Motion by Vice -Mayor Smith to adopt Consent Calendar Hearing items 9.a. through 9.d. APPROVED 2 7 8 5 Bakersfield, California, January 25, 2017 - Page 14 10. HEARINGS ACTION TAKEN a. Public Hearing to consider General Plan RES018 -17 Amendment /Zone Change 76 -0264. McIntosh & RES 019.17 Associates, representing Kern Land Partners, LLC, the property owner, is proposing a general plan amendment, changing the land use designation from GC (General Commercial) to LMR (Low Medium Density Residential) on 4.81 acres, subject to conditions of approval, and a zone change from C -1 (Neighborhood Commercial) and R -1 (One Family Dwelling) to P.U.D. (Planned Unit Development) zone district on 17.78 acres, located at the northeast corner of Old Farm Road and Noriega Road, for a 176 -unit condominium complex a 2,500 square foot recreation building, outdoor swimming pool, multi -use sport court and tot lot, subject to conditions of approval. A proposed Negative Declaration with mitigation measures will also be considered. City Clerk McCarthy announced correspondence In Opposition was received from Mike and Jessica Ross; e -mail correspondence in opposition was received from Mike Ross; and additional correspondence in opposition was received from Harold Sandorn. Community Development Director Kitchen made staff comments, provided a PowerPoint presentation, and provided the Council with additional Jeffers in opposition to the project. Hearing Item 10.a. opened at 5:58 p.m. Jessica Barr spoke In opposition to the staff recommendation. Roger McIntosh, representing Kern Land Partners. LLC, the property owner, spoke In support of the staff recommendation. Hearing item 10 a, closed at 6:05 p.m. Motion by Vice -Mayor to approve Hearing item 10.a. APPROVED Bakersfield, California, January 25, 2017 - Page 15 2 7 11. REPORTS ACTION TAKEN a. Mid -Year Budget Update City Manager Tandy made staff comments. Assistant City Manager Huot made staff comments and provided a PowerPoint presentation regarding the Fiscal Year 201617 Mid -Year Budget, Finance Director Smith made staff comments and provided a PowerPoint presentation regarding the Thomas Roads Improvement Project (TRIP) Financial Plan. Motion by Vice -Mayor Smith to receive and Ole APPROVED the report. 12. DEFERRED BUSINESS None, 13. NEW BUSINESS a. Options regarding Ward 5 City Council RES020 -17 Vacancy; term expires November 2020, L City Attorney Gennaro made staff comments. Motion by Vice -Mayor Smith to hold a special APPROVED municipal election to fill the vacancy on the Council for the unexpired tern in Ward 5, on June 6, 2017. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith requested staff provide the Council with an update regarding the High Speed Rail Station Plan. Vice -Mayor Smith requested staff provide a report regarding the development standards for floor to area ratios in the downtown area. Vice -Mayor Smith is looking forward to the installation of the sign outside the parking garage located on 18TM and Eye Streets; appreciates the funding of the Utter program on the bike path; and is thankful for the amount of rain we have had recently. L 2 7 8 7 Bakersfield, California, January 25, 2017 - Page 16 14. COUNCIL AND MAYOR STATEMENTS continued ACnON TAKEN Councilmember Parlier provided an update from the Legislative and Litigation Committee meeting; advised that he requested staff to implement an administrative hearing process for violations of the Municipal Code, such as Code Enforcement, Recreation and Parks, and Massage /Cabaret violations; and asked If any Councilmembers have additional areas where civil fines may be appropriate to notify staff so that it may be included. Councilmember Partier requested the Legislative and Litigation Committee discuss the possibility of increasing the penalties for violations related to massage establishments. Councilmember Parlter requested the Budget and Finance Committee explore the possibility of providing Police Officers with body cameras. Councilmember Sullivan stated she attended last week's Presidential Inauguration; thanked everyone in attendance at the meeting and for their comments; and appreciates staff for their hard work. Mayor Goh welcomed students In attendance at the meeting to learn about City government 15. ADJOURNMENT Mayor Goh adjourned the meeting in memory of Councilmember Tkac at 6:41 p.m. /�44 MAYOR of the City of Bakersfield, CA ATTEST, cln�� ur \� CITY CLERK and Ex Officio Clerk of d/J the Council of the City of Bakersfiel j i i